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What matters must a Court take into account in determining whether a defendant owed a duty of care to a plaintiff to avoid causing him or her to suffer mental harm of nervous shock?

S32 of the Civil Liability Act says there is no duty of care unless the defendant ought to have foreseen that a person of normal fortitude might in the circumstances suffer a recognised psychological/psychiatric injury. Circumstances include whether the harm was caused by sudden shock; the plaintiff witnessed the injury/death at the scene; pre-existing relationship between plaintiff and defendant. There is no duty of care if you were not at the scene unless you were a close member of family of the victim, such as a spouse, parent, child etc.

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